Himachal Pradesh Court October 2005 Judgments
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Oriental Insurance Co. Ltd. Vs. Geeta and ors.
Court: Himachal Pradesh
Decided on: Oct-27-2005
Reported in: I(2005)ACC749,I(2006)ACC777,2006ACJ1455
Deepak Gupta, J.1. This appeal under Section 30 of Workmen's Compensation Act is directed against the award of the Commissioner, Workmen's Compensation, Kandaghat in Case No. 2 of 1997 decided on 30.11.1999.2. When the appeal was admitted, no substantial question of law was framed. Therefore, at the time of hearing of the appeal, the following substantial questions of law are framed:(1) Whether the Commissioner, Workmen's Compensation has erred in holding that there is no limitation for filing a claim petition under the Workmen's Compensation Act?(2) Whether the claim petition is within limitation and if not, whether there are sufficient grounds for condoning the delay?(3) Whether the claimants could be awarded interest and if so, from what date?3. The brief facts necessary for decision of the case are that the deceased Kailash Chand was engaged as a driver with H.P. State Electronics Development Corpn. Ltd., Shimla. On 22.1.1987, he was driving a vehicle belonging to the Corporation w...
Ram Murti Vs. B.K. Chawla
Court: Himachal Pradesh
Decided on: Oct-24-2005
Reported in: 2006(1)ShimLC241
K.C. Sood, J.1. This second appeal, under Section 100 of the Code of Civil Procedure, arises out of the judgment and decree of the learned District Judge, Shimla, dated 8th January, 1998.2. Plaintiff B.K. Chawla, who is respondent in this appeal, laid a suit before the learned trial Court for permanent prohibitory injunction and also for mandatory injunction, on the allegation that he is in possession of the premises known as 'House No. 82/2' Moti Maszid, Ganj Road, Shimla, as tenant under the Punjab Wakf Board. The floor immediately above his premises, known as House No. 81/1, 81/2 and 81/3 are in occupation of the defendant, the appellant herein, as tenant. Both the plaintiff and defendants are the tenants of the Punjab Wakf Board.3. The grievance of the plaintiff was that though the premises were let out to the defendant for residential purposes but he changed the user and starting using the tenanted premises for commercial purposes. The defendant stored large quantity of merchandis...
New India Assurance Co. Ltd. Vs. Smt. Kanta Rani and ors.
Court: Himachal Pradesh
Decided on: Oct-19-2005
Reported in: 2007ACJ1635,2006(1)ShimLC257
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the Act) is directed against the award of the Motor Accident Claims Tribunal, Una, (hereafter referred to as 'the Tribunal') in MAC. Petition No. 47 of 1997 decided on 23.6.2000.2. The admitted facts are that deceased Gopal Sharma son of claimant Kanta Rani was running a Karyana shop at Rakkar Colony Una. On 1.6.1997 at about 8.30 p.m. he had gone to urinate on the side of the road. It is alleged that a tractor No. PB-12-A-6386 came at a high speed and the trolley attached with the tractor hit the deceased who died as a result of the injuries sustained in the accident. The owner and driver of the tractor contested the claim petition on the ground that in fact no accident has taken place. The Insurance Company has taken up various pleas including the plea that the tractor was not insured with it. The Tribunal has held that the deceased was hit by the trolley attached with the tractor. ...
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